Health and safety prosecution round-up—20 December 2024
Criminal liability
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Practice notes
Causation and intervening acts in criminal casesCriminal offences are generally divided into two categories: •conduct crimes, and •result crimesA...
1st Mar
In-house
Practice notes
Threats to killThe offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown...
1st Mar
Practice notes
Recklessness in criminal casesThe subjective test for recklessnessCertain statutory and common law offences allow the prosecution to prove mens rea on...
Produced in partnership with Christopher Sykes of 33 Chancery Lane
1st Mar
Practice notes
Fraud by false representationThis Practice Note covers the offence of fraud by false representation. You may also be interested in the following...
1st Mar
Practice notes
Entrapment There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a...
2nd Mar
Practice notes
AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...
1st Mar
Practice notes
Self defenceSelf defenceSelf defence is an absolute defence based on the evidence which can apply in crimes committed by force. Section 76 of the...
2nd Mar
Practice notes
Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence...
Produced in partnership with Thomas Evans of 3 Paper Buildings
1st Mar
Practice notes
AutomatismDefinition of automatismAn act is done in a state of Automatism if it is done by the body without control by the mind, (eg it is a spasm or...
1st Mar
Practice notes
Criminal damageGeneralSimple criminal damage is triable either way unless the value of the alleged damage is £5,000 or less, in which case the offence...
2nd Mar
Practice notes
PerjuryPerjury in judicial proceedings The offence of perjury is triable only on indictment and carries a maximum penalty of seven years and/or a...
Produced in partnership with Thomas Evans of 3 Paper Buildings
2nd Mar
Practice notes
Wounding or causing grievous bodily harm with intentThe offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm...
2nd Mar
Practice notes
Specific and basic intentIntention refers to the outcome sought by the defendant. Offences may be described as either ones of ‘basic intent’ or of...
Produced in partnership with Christopher Skyes of Doughty Street Chambers.
1st Mar
Practice notes
Money laundering offences—tipping off and prejudicing an investigationTipping off and prejudicing an investigationIt would undermine the benefit to...
1st Mar
Practice notes
Burden and standard of proof in criminal proceedingsThere are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party...
1st Mar
Practice notes
Voluntary manslaughterVoluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the...
1st Mar
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